CIA director not testifying

Trial for former contractor accused of beating Afghan detainee.

Trial for former contractor accused of beating Afghan detainee.

August 08, 2006

RALEIGH, N.C. (AP) -- Federal prosecutors won their battle Monday to keep former CIA Director George Tenet and several other agency employees from having to testify at the trial of a one-time CIA contractor accused of beating an Afghan detainee. But U.S. District Judge Terrence Boyle said he would allow defense attorneys for David Passaro to subpoena six witnesses whose identities are classified, and promised to rule later on four others. The judge heard the dispute behind closed doors before a jury was selected and opening statements began. Passaro, a 40-year-old former Special Forces medic from Lillington, N.C., is the first civilian charged with mistreating a detainee during the U.S. wars in Iraq and Afghanistan. Passaro's attorneys have said they want to call Tenet and Attorney General Alberto Gonzales, formerly the White House counsel, as part of a "public authority defense" -- namely, that Passaro was following orders. It was not immediately clear if Gonzales was among those Boyle said could not be subpoenaed by the defense. Before jury selection began, prosecutor Jim Candelmo told the judge that even the titles of some of the witnesses sought by defense attorneys are classified and cannot be discussed in open court. But defense attorney Joe Gilbert disputed the government's claim of secrecy. At least one of the potential witnesses has appeared on national television and been interviewed in newspapers, Gilbert said. "The government is using it in such a way to deny Mr. Passaro due process and they shouldn't be allowed to do this," Gilbert said. Boyle has previously limited the defense's access to several classified documents and e-mails, including a memo from the Justice Department to the CIA that Passaro contends described the kind of interrogation techniques allowed by U.S. law. The government contends paratroopers from the Army's 82nd Airborne Division saw Passaro beat detainee Abdul Wali with his hands, his feet and a flashlight in June 2003 during two days of questioning about rocket attacks on a remote firebase housing U.S. and Afghan troops. Wali later died in his cell, although Passaro -- who was working under contract to the CIA -- is not charged with his death. Instead, he faces assault charges that carry up to 40 years in prison.